Sentences with phrase «in equitable claims»

Generally, there is no right to a jury trial in equitable claims and piercing the corporate veil is considered an equitable remedy.

Not exact matches

The benefactor is being called to give neither too much nor too little but to discover due proportion in giving a fit and equitable amount, responsive to the competing claims of ever - changing human needs.17 If beneficence is accompanied by a moroseness that silently signals the recipient that it is a very heavy task indeed for the giver to provide, the touchstone of pastoral counsel is «God loves a cheerful giver» (2 Cor.

But El - Yateem, running to replace term - limited Brooklyn Councilman Vincent Gentile, claimed that BDS represents the best chance for the establishment of an independent Palestinian State and the equitable treatment of Arabs in Israeli society.

Democrats will be steadfast in their opposition, claiming the work within the federal Office of Civil Rights to be paramount in ensuring the equitable education of all students.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Effective immediately, the IRS today reversed the 2 year statue of limitations on Innocent Spouse Relief equitable relief claims that was put into place after the Seventh Circuit Court of Appeals ruled in favor of the IRS request to put -LSB-...]

7) As I suggested regarding ACA Capital Holdings, they ended up owned by their policyholders, who get an equitable interest in the assets of the company, though not enough to settle their claims.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecIN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecin effect.

The Sierra Club, which took a «does not support» position on I - 732 in April, claims that the initiative «does not meet key tests for an effective and equitable climate policy.»

In a nutshell, our claim in that du Pont and his colleagues reach counter-intuitive conclusions (for example that the EU has made a more «equitable» pledge than either China or India) by way of a cascading series of decisions that, taken together, skew their approach towards various kinds of grandfathering, while, at the same time, appearing to be derived from a balanced and comprehensive set of high - level equity principleIn a nutshell, our claim in that du Pont and his colleagues reach counter-intuitive conclusions (for example that the EU has made a more «equitable» pledge than either China or India) by way of a cascading series of decisions that, taken together, skew their approach towards various kinds of grandfathering, while, at the same time, appearing to be derived from a balanced and comprehensive set of high - level equity principlein that du Pont and his colleagues reach counter-intuitive conclusions (for example that the EU has made a more «equitable» pledge than either China or India) by way of a cascading series of decisions that, taken together, skew their approach towards various kinds of grandfathering, while, at the same time, appearing to be derived from a balanced and comprehensive set of high - level equity principles.

However, it says that it «reserves its legal and equitable rights in electronic files it creates and maintains, including without limitation, the right to claim copyright in any copyrightable materials, electronic files, data, source code and / or anything in addition to the statutory text and numbering in the content of the site (s).»

Even if Maryland were a proper forum, there can not be a claim for equitable relief, as opposed to a claim for damages, against a government official in his individual capacity, the motion argues.

The take - away message is this: if you move in with your partner and do not have children, you could be liable / entitled to support after three years, but you are never automatically entitled to property sharing, although in certain circumstances you may be able to claim unjust enrichment or other equitable remedies.

«Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage».

While the rationale has been described in some quarters as «equitable subrogation,» analogous to an excess insurer's claim against a primary insurer for improvident failure to settle, that principle historically emerged from cases involving underinsured defendants and not the other way around.

Re Quiet Moments Ltd [2013] EWHC 3806; [2014] EWCA Civ 1536 Ben acted for the petitioner on an application to wind up a company on the just and equitable ground and claims by the petitioner to enforce compulsory transfer provisions contained in a shareholders» agreement.

Edward has wide experience in litigation concerning trusts of land, proprietary estoppel, equitable accounting, conveyancing disputes, boundary disputes, adverse possession claims, litigation over easements and restrictive covenants, legal and equitable charges and mortgages, landlord and tenant disputes and possession actions.

Kids Creek Partners L.P., representing Leighton Holdings, Inc. in the defense of lender liability and equitable subordination claims.

Sir Terence Etherton in Urban 1 took a different — and, it is thought, better — approach: failing to comply with a notice is not necessarily repudiatory but rather prevents the wrongdoer later claiming equitable relief (eg specific performance, if / when he is in a position to complete).

If a non-delegable duty can be found to apply in the arena of foster care (NA v Nottingham County Council [2014] EWHC 4005 (QB)-RRB-, it is difficult to envisage a claim where, once the five criterion are found to apply, the public body could persuade the court that it is not «fair, just or equitable» to fix it with the duty.

Joshua Munro introduces a first for English law: the equitable right of an insurer to compensation from its own insured in respect of the claim on the policy

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

This makes hypocrites of those who claim to (and take an oath to) earnestly analyze, understand, and administer divorce law in a just and equitable manner.

In following BCE the Alberta Court of Queens Bench has firmly asserted that it has a broad and equitable discretion to allow an applicant to bring an oppression claim.

In Petrella v. Metro - Goldwyn - Mayer, Inc., 134 S. Ct. (2014), the Supreme Court ruled that the equitable defense of laches is not available when a copyright owner brings a claim for damages under the Copyright Act within the Act's three - year statute of limitations period.

Contact the lawyers at Eisen Law in Toronto for assistance with equitable claims.

The «Ruta» [2000] 1 Lloyd's Rep 359: Chris acted for the wages Claimants (not Defendants as stated in the report) in this action in which David Steel J. declined to follow a supposed rule set out in a number of text books and instead applied the Admiralty Court's wide equitable discretion so as to accord priority to the claims of unpaid crew members above the claims of the holders of damage maritime liens.

The blog is managed by Juan C. Antúnez, who is a partner with Stokes, McMillan, Antúnez P.A. Essential probate and trust litigation concepts are covered in the blog's articles, with a focus on Florida Supreme Court cases, mediator ethics, equitable law, and even financial exploitation of the elderly claims, as seen in this article.

In both jurisdictions, the court may allow a claim to proceed no matter how late it is brought, if to do so is equitable.

In addition, defendants will be able to raise other equitable arguments to oppose patent infringement claims.

Frankel J.A. finds the actions of the predecessor in title can not support an equitable claim against it.

James also regularly advises in relation to shareholder disputes and has recent experience of large s. 994 petitions, derivative claims and just and equitable winding up petitions.

On April 4, 2016, a tribunal constituted under the Additional Facility to the World Bank's International Centre for Settlement of Investment Disputes (ICSID) upheld Crystallex's claims that Venezuela failed to accord fair and equitable treatment to the Vancouver - based company's investment in the Las Cristinas mining project and unlawfully expropriated the company's investments without compensation.

Edward Denehan successfully acted for the Defendant in a claim in the Chancery Division of the High Court for equitable and other relief arising out of an alleged oral agreement or understanding concerning the acquisition of four properties back in the 1990s.

Prevailed in a trial in the U.S. District Court for the Eastern District of New York on behalf of a company that provides licensure and educational services to financial institutions against allegations, including breach of contract, breach of fiduciary and equitable claims, initiated by a sales and marketing company after termination of the relationship for poor performance

Rather, as the Supreme Court has explained in a series of decisions over the past decade, the rule in patent cases should be the same as in any other sort of litigation — in this case, the equitable doctrine of laches may not be used by accused infringers as a defense because there is a statute of limitations present to limit claims.

I've represented clients in Forsyth, Davie, Davidson, Rowan, Alexander, Iredell, Catawba, Mecklenburg, Cabarrus and Gaston counties, on matters involving child custody, child support, equitable distribution, post-separation support, alimony, contempt, and breach of contract claims.

The Court's opinion in SCA Hygiene did note that an accused infringer can still defend against a claim of infringement based on the defense of equitable estoppel.

Because there was an unfair competition claim, the trial was bifurcated and the first phase went to the court for determination given that a 17200 claim is equitable in nature.

However, in valuing the equitable distribution claim, good attorneys won't simply be looking at how much the less powerful spouse is entitled to under that agreement.

They don't properly preserve claims for spousal support or equitable distribution in their divorce

The prototypical equitable claims are those involving fiduciary duties that arise in the context of trusts, estates and corporations.

The claim in rem against the pleasure craft was based on s22 (3)(d) of the Federal Courts Act which gives the Federal Court jurisdiction in relation to all mortgages on a ship, registered or not, whether legal or equitable, and whether created under foreign law or not.

(7) An acknowledgment of liability in respect of a claim to recover or enforce an equitable interest in personal property by a person in possession of it is an acknowledgment by any other person who later comes into possession of it.

Otherwise, you may be entitled to equitable compensation and indemnification in respect of the costs you have incurred if a claim of promissory estoppel is upheld, though the requirement for that is that the prospective defendant must have at least been able to reasonably foresee that you were to rely on their clear and unambiguous promise and that they unconscionably departed from their promise.

The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 «shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief» except, tantalisingly:

As to the latter, Hasham v Zenab [1960] AC 316, [1960] 2 WLR 374 shows that specific performance might be decreed even where no claim for breach of contract had (yet) arisen and the Court of Appeal in P&O Nedlloyd held that it was therefore wrong in principle to regard specific performance — as Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing breach of contract.

However, even if the limitation period does not apply because the claim is for an exclusively equitable remedy, the court will nonetheless apply it by analogy if the remedy in equity is «correspondent to the remedy at law».